BENTHAM’S THEORY OF UTILITARIANISM AND KANT’S

CATEGORICAL IMPERATIVE THEORY: - A COMPARATIVE ANALYSIS

SYNOPSIS: -
- Who was Jeremy Bentham?
- Bentham’s Theory of Utility/Utilitarianism
- Who was Immanuel Kant?
- Kantian Categorical Imperative Theory
- Utilitarianism vis-à-vis Categorical Imperative Theory

 Who was Jeremy Bentham?

Jeremy Bentham (1748-1832) was an English Philosopher and a Jurist who
belonged to the Positive School of Jurisprudence. Jeremy Bentham is well-
known for his Theory of Utility or Utilitarianism which is based on the idea that
the end of Law is the greatest happiness of the greatest number. The Book
‘Limits of Jurisprudence Defined’ can be attributed to Jeremy Bentham.
Bentham in his works expressed derogatory views on Natural Law. He called
Natural Law as “Nonsense upon stilts” or “Anarchical Fallacies.” Now let’s
understand Bentham’s Theory of Utilitarianism.

 Bentham’s Theory of Utility/Utilitarianism

Bentham’s Theory of Utility/Utilitarianism is based on the broad idea that the
end of Law is the greatest happiness of the greatest number. According to
Bentham, “Pain” and “Pleasure” are two factors that play a crucial role to
determine in what the greatest happiness of the greatest number lies. The
concepts of “Pain” and “Pleasure” are based on the human behavior of
inclination towards ‘Pleasure’ and evasion of ‘Pain.’ In other words, humans
tend to do what gives them ‘Pleasure’ and avoid all that gives them ‘Pain’.
Everything that is Good is ‘Pleasure’, whereas ‘Everything that is Bad or Evil is
‘Pain’. Principle of Utility approves acts which give Pleasure, whereas
disapproves acts which give Pain.
Bentham in his Theory of Utility attempted to quantify ‘Pleasure’ and ‘Pain.’
Bentham devised a Calculator to measure the Quantum of Pleasure and Pain,
which he called as Utilitarian/Felicific/Hedonistic Calculus. Parameters to
measure Pleasure and Pain are as follows;
i. Intensity - How intense is the Pleasure or Pain?
ii. Duration - How long will the Pleasure last?
iii. Certainty - How likely or unlikely is it that the Pleasure will occur?
iv. Nearness - How soon will the Pleasure occur?
v. Fecundity - The Probability that it will be followed by sensations of the same
kind. Probability that Pleasure will lead to other Pleasures.
vi. Purity - The Probability that it will not be followed by sensations of the
other kind. (Pain must not follow Pleasure)
vii. Extent - How many People will be affected?
To conclude, the Ultimate Purpose of Law is to bring Pleasure and avoid Pain.
The Ultimate end of Law is ‘Greatest Happiness of the Greatest Number.’

 Who was Immanuel Kant?

Immanuel Kant (1724-1804) was a German Philosopher, who belonged to the
Philosophical School of Jurisprudence. Immanuel Kant propounded the ‘Theory
of Categorical Imperative’ which places emphasis on the role of morals and
duties in one’s life, and their impact in shaping Laws and Legal Institutions.
Kant’s Theory of Categorical Imperative is based on Deontological Ethics, rather
than Consequential Ethics. As opposed to Bentham’s Utilitarianism, Categorical
Imperative promotes inherently righteous actions, regardless of their
consequences.

 Kantian Categorical Imperative Theory

The term “Categorical Imperative” was first used by Kant in his work,
“Groundwork of the Metaphysics of Morals. The word ‘Categorical’ means
‘Specific’ and ‘Imperative’ means ‘Command/Order.’
Kant was born in a poor religious family. His father was a saddler. Kant lived a
moderate life until he was 50. However, he maintained that it was the
adherence to religion which helped his family cope up with all the hardships.
Thus, he was greatly influenced by morals, ethics, and good conduct.
Kant has proposed several formulations for an action to be regarded as a
Categorical Imperative. They are as follows;

Formulation 1: - Act only according to that maxim, whereby you can

at the same time, will that it should become a universal law.
Here, ‘maxim’ means ‘proposed conduct to achieve a goal’. Universalization of
a maxim means that the maxim should be of such a nature that is worthy of
emulation by all. The maxim should be of such a nature that, even if universally
followed, it should not lead to undesirable or adverse circumstances.
For example;

Goal: In order to earn more money; Action: I shall make false promises
and cheat others.
The course of action contemplated in the above situation is not worthy of
emulation. It would result in the wrongful gain by one, at the expense or loss
suffered by another. Also, the doer of the above mentioned action would not
desire that it be done against him. In a way, that action cannot become a
universal law.

Goal: In order to earn more money; Action: I shall work hard.

Here, the action is worthy of emulation. Working hard is a virtue, which is of a
universal nature.
According to Hindu Philosophy perspective, Categorical Imperative is identical
to the Law of Karma. (As you sow, so shall you reap – Sow hatred, jealousy, etc.
and reap enmity)
Also, it resembles to a famous quote by Confucius; “Don’t do unto others, what
you don’t want others to do unto you.”

Formulation 2: - “Act in such a way that you treat humanity as an

end and never simply as a means.”
This formulation is also known as the humanity formulation. It contemplates
that humans should not be exploited as a means to achieve one’s ends. Using
humans as a means to achieve one’s ends is a moral wrong. This formulation is
based on the notion that each and every human being has the right to live a
happy life. That right should not be taken away by exploiting a person for
meeting one’s ends.

Formulation 3: - “The idea of the will of every rational being as a will

that legislates universal law”.
This formulation is known as the Autonomy Formulation. It means that ‘One
should act in such a way that his maxims put forth a universal law.’ This maxim
resembles to Mahatma Gandhi’s famous quote, “Be the change you want to
see in this world.”

Formulation 4: - “Act in accordance with the maxims of a member

legislating universal laws for a merely possible kingdom of ends”.
This formulation contemplates that one should act according to the universal
laws which are formulated by the members of the society, regardless of their
desires or circumstances.

 Utilitarianism vis-à-vis Categorical Imperative Theory

- The Theory of Utility was propounded by Jeremy Bentham, whereas the

Theory of Categorical Imperative can be attributed to Immanuel Kant.
Bentham belongs to the Positive School of Jurisprudence, whereas Kant
belongs to the Philosophical School of Jurisprudence.
- The Theory of Utility determines actions by taking into account the
Consequences thereof. Contrary to this, the Theory of Categorical
Imperative places emphasis on maxims (Proposed Conduct) which are
based on moral principles, regardless of the consequences thereof.
- Bentham devised Hedonistic Calculus to determine the desirability of
actions. Actions that would lead to the Greatest Happiness of the
Greatest Number. Whereas, Kant put forth 4 Formulations to test
whether an action qualifies to be a Categorical Imperative.
- The Theory of Utility is result-oriented. Whereas, the following quote
holds true incase of Categorical Imperative Theory; “Concentrate on the
process, let results take care of themselves”.
- The Theory of Utility forms a part of Consequential Ethics, whereas, the
Theory of Categorical Imperative forms a part of Deontological Ethics.